Clearview Properties, L.P. v. T Reit, L.P.

Reversed and Rendered and Memorandum Opinion filed July 2, 2009 Reversed and Rendered and Memorandum Opinion filed July 2, 2009. In The Fourteenth Court of Appeals ____________ NO. 14-08-00827-CV ____________ CLEARVIEW PROPERTIES, L.P., Appellant V. T. REIT, L.P., Appellee On Appeal from the 270th District Court Harris County, Texas Trial Court Cause No. 2003-22196 M E M O R A N D U M   O P I N I O N T. L. Reit, L.P. obtained a judgment against Clearview Properties, L.P. on May 17, 2006, which was appealed to this court under our appellate case number 14-06-00716-CV. This is an appeal from a turnover order and a charging order, both signed May 22, 2008, issued in enforcement of the 2006 judgment. On January 29, 2009, this court issued an opinion in case number 14-06-00716-CV, reversing the portion of the judgment on which the enforcement orders were based. In response to a notice from this court, appellant asserted that this appeal is moot because the orders being appealed have been rendered a nullity. Rather than finding that an appeal in this situation is moot, the Texas Supreme Court has held that, if the judgment underlying a turnover order is reversed, the turnover order must also be reversed. Ross v. Nat=l Center for the Employment of the Disabled, 201 S.W.3d 694, 695 (Tex. 2006); Matthiessen v. Schaefer, 915 S.W.2d 479, 480 (Tex. 1995). Accordingly, we reverse the turnover and charging orders signed May 22, 2008, and render a take nothing judgment in the enforcement proceeding. PER CURIAM Panel consists of Justices Anderson, Guzman, and Boyce.